Food (Jelly Confectionery) (Emergency Control) (England) Regulations 2002
| Year | 2002 |
2002 No. 931
FOOD, ENGLAND
The Food (Jelly Confectionery) (Emergency Control) (England) Regulations 2002
Made 3rd April 2002
Laid before Parliament 3rd April 2002
Coming into force 4th April 2002
The Secretary of State, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on him by that section makes the following Regulations:
Title, commencement and extent
1.—(1) These Regulations may be cited as the Food (Jelly Confectionery) (Emergency Control) (England) Regulations 2002 and shall come into force on 4th April 2002.
(2) These Regulations shall extend to England only.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Food Safety Act 19903and, save where otherwise indicated, any expression used both in these Regulations and in the Act has the same meaning as in the Act;
“commercial operation” does not include exporting;
“the Commission Decision” means Commission Decision 2002/247/ECsuspending the placing on the market and import of jelly confectionery containing the food additive E425: Konjac4;
“controlled jelly confectionery” means any jelly confectionery which contains E425: Konjac: (i) Konjac gum (ii) Konjac glucomannane and which is intended for human consumption;
“food authority” includes neither the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple) nor a port health authority;
“jelly confectionery” includes jelly mini-cups; and
“port health authority” means a port health authority for a port health district constituted under section 2(4) of the Public Health (Control of Disease) Act 19845.
(2) Any term used both in these Regulations and in the Commission Decision has the same meaning as in the Commission Decision.
Prohibitions
3.—(1) No person shall carry out any commercial operation with respect to any controlled jelly confectionery.
(2) For the purposes of paragraph (1), any jelly confectionery which contains E425: Konjac (i) Konjac gum (ii) Konjac glucomannane shall be presumed until the contrary is proved to be controlled jelly confectionery.
(3) No person shall use E425: Konjac (i) Konjac gum (ii) Konjac glucomannane in the manufacture of any jelly confectionery which is intended for human consumption.
(4) For the purposes of paragraph (3), any jelly confectionery shall be presumed until the contrary is proved to be intended for human consumption.
(5) Any person who knowingly contravenes paragraph (1) or (3) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months.
Enforcement
4.—(1) Subject to paragraph (2), it shall be the duty of each port health authority to execute and enforce these Regulations within its district.
(2) In relation to any place which is not situated in the district of a port health authority, it shall be the duty of the food authority for the area in which that place is situated to execute and enforce these Regulations.
(3) For the purposes of enabling a port health authority or as the case may be a food authority to carry out its duty of executing and enforcing these Regulations, an authorised officer of that authority shall—
(a)
(a) have the same powers as are bestowed on an authorised officer of an enforcement authority by section 32 of the Act for purposes connected with the Act or Regulations or Orders made under the Act; and
(b)
(b) be subject to the same obligations as regards the procurement of samples under section 29 of the Act as are imposed on an authorised officer of an enforcement authority by regulations 6 to 8 of the Food Safety (Sampling and Qualifications) Regulations 19906(in these Regulations referred to as “the 1990 Regulations”), with the modification that any reference in those regulations to section 29 of the Act shall be deemed to be a reference to that section as applied by regulation 5(5).
(4) Each port health authority and each food authority shall give such assistance and information to the Secretary of State and the Food Standards Agency as they may reasonably request in connection with the execution and enforcement of these Regulations.
Application etc. of various provisions of the Act
5.—(1) The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations—
(a)
(a) section 2 (extended meaning of “sale” etc.);
(b)
(b) section 20 (offences due to fault of another person);
(c)
(c) section 30 (analysis etc. of samples) with the further modifications that—
(i) the reference to “section 29 above” in subsection (1) shall be deemed to be a reference to that section as applied by regulation 5(5), and
(ii) in the definition of “sample” in subsection (9) the reference to “regulations under section 31 below” shall be deemed to be a reference to regulation 4(3)(b);
(d)
(d) section 33(1) (obstruction etc. of officers);
(e)
(e) section 33(2)...
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